28 (1) Paragraphs 38(1)(a) to (c) of the Act are replaced by the following:
(a) is engaged in the operation of a broadcasting undertaking described in subsection (3);
(b) has any pecuniary or proprietary interest in such a broadcasting undertaking; or
(c) is principally engaged in the production or distribution of program material that is primarily intended for use by such a broadcasting undertaking.
(2) Section 38 of the Act is amended by adding the following after subsection (2):
Marginal note:Application
(3) Subsection (1) applies with respect to a broadcasting undertaking that
(a) must be carried on under a licence;
(b) is carried on by a person who is exempt from the requirement to hold a licence, under an order made under subsection 9(4); or
(c) must be registered with the Commission under regulations made under paragraph 10(1)(i).